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Questions Answered by Bruce Martin Broyles
2 Answers | Asked in Real Estate Law for Ohio on
Q: Is there a time limit for a seller to agree to repair/replace $500+ items to pass inspection

I am in process of purchasing a property. Offer made, accepted; I ordered and completed inspection within sellers requested timeframe. Two days ago my agent delivered my request to repair/replace to the sellers. I want a decision by tomorrow afternoon (Thursday) if they will or will not agree to... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Oct 1, 2020

The purchase agreement should provide a time limit for the seller's to agree to the request to remedy. If no agreement to remedy you can terminate the contract

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2 Answers | Asked in Consumer Law and Contracts for Ohio on
Q: Contractor Agreement, can I get out of it

While I was in the hospital my husband took over my hunt for a contractor to complete roof/siding/gutter and potentially window replacement. He arranged and signed an agreement with a contractor. The agreement only covers items in the event we would be rewarded money from the insurance. I am also... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Sep 17, 2020

Probably need to see the document that was signed, but many times contractor fails to provide the required notice of your right right to cancel within three days. In the absence of such a notification you can cancel the contract at anytime.

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1 Answer | Asked in Real Estate Law for Ohio on
Q: Do you guys help with lease on apartments ?

My building was bought out by a management company and lease is or was valid till the end of the year. The new owner posted a letter on my door of eviction in 3 days because I didn't pay a $10 utility fee which isn't in my lease with the old owner. I guess my question is , is my original... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Aug 7, 2020

Old lease is still valid. Of course, if you do not comply with new lease, the new landlord will not renew your lease in December

1 Answer | Asked in Real Estate Law for Ohio on
Q: House has a previous land contract but buyer vacated and stopped paying, how do I get a title if I buy the house?
Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 24, 2020

The current owner needs to terminate the land installment contract. If the land installment contract has been in existence for more than 5 years, or if more than 20% of the purchase price has been paid, then the current owner must bring a foreclosure action. If less than 5 years, the contract can... Read more »

2 Answers | Asked in Real Estate Law for Ohio on
Q: I have been occupying the house that my husband won in our divorce for almost 30 years and he never had deed switched

Both of our names are on the land contract. Very soon after our divorce, he skipped town, letting me and my son stay on the property. I paid house payments, insurance, and taxes. But the deed is still in the previous owner's name. Now almost 30 years later he's back to "take care of... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 14, 2020

At a minimum he has to file an eviction action. Based upon the length of time, I would contact your divorce attorney. As the house was awarded to him as part of a property division or equitable division of debt, he should have been responsible for the mortgage. I am certain that he will argue... Read more »

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2 Answers | Asked in Real Estate Law for Ohio on
Q: I bought a house before being and now want to refinance after I’m married. I am not adding my husband to the title.

* before being married

I am also not adding his name to the loan but the title agency says he had to be at closing to sign a “marital interest” sheet or we can’t continue. Why if it is in my name, and he has nothing to do with it? How do I get around this?

Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 8, 2020

As a spouse your husband has a dower interest that springs to life upon your death if you are still married.

Your spouse must make his dower interest subordinate to the mortgage

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2 Answers | Asked in Real Estate Law for Ohio on
Q: Ohio - What can be done when 3 own property but one living on it wont allow appraisal of home?

All three of us each pay 1/3 of the taxes. I am trying to get a current appraisal for which I alone will pay for, so I can sale my 1/3 of the interest which we share in common. The one living on the land said the appraiser can appraise the land but not HIS HOME. We all three own the home too, no... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 7, 2020

I would not immediately file a complaint for partition. You may want to have a complaint for partition drafted and let him know that you can agree to a full appraisal or have the Court and a court appointed officer sell the property for you. Almost assured that no one will be happy with the sale... Read more »

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2 Answers | Asked in Real Estate Law for Ohio on
Q: Ohio - 3 siblings own 30 acres in common. Do we all three own the house on it also or just the 1 living in it?
Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 7, 2020

In the absence of any special circumstances all three own the property in its entirety, and all three are responsible for repairs, maintenance and taxes. In addition all three are entitled to all the benefits of the entirety.

You should find out what the individual residing at the...
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1 Answer | Asked in Business Law and Civil Litigation for Ohio on
Q: Private Company Stock Ownership Dispute

My Dad had ownership in a private company and he passed away about a year ago. His brother is claiming he bought my Dad's shares out 15 years ago. My Dad did sell part of this shares (about 30% of his shares were sold) to him about 15 years, but not all of them. My Dad never got a copy of the... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jun 27, 2020

In Ohio, the Estate would have an interest in the Company, and the Estate would file a complaint to determine the ownership interest of the Estate. The Company would have ledgers of the stock transfers or the sale of membership units. There would be articles of incorporation or organization and... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: Can a seller go back on their contract after signing?

Recently, we put an offer on a house. One of the stipulations was for the seller to paying closing costs up to 3500, the offer was accepted. A septic and well inspection was completed and it failed the inspection for the septic. So roughly the house needs a new septic system for 10k. Now, the... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jun 19, 2020

You need to have your purchase agreement reviewed by an attorney. After the inspection you made a request to have the septic system repaired. The Seller countered by, essentially agreeing to pay up to $6,500 for the septic repairs. You need to accept or reject their counter-offer. The purchase... Read more »

4 Answers | Asked in Civil Litigation, Mergers & Acquisitions and Real Estate Law for Ohio on
Q: I co own land and need to sell my interests. The other owner doesn't want to sell or buy me out. Am I stuck?

I have a buyer. I really need the money for medical bills. The co owner wants to keep it, and wants me to remain co owner. I feel stuck. How do I sell my share of the property. It is not divided by surveys, one 36 acre piece of woods.

Bruce Martin Broyles
Bruce Martin Broyles answered on May 29, 2020

You can file a complaint in the Common Pleas Court to partition the real property

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2 Answers | Asked in Real Estate Law for Ohio on
Q: Can you still get evicted ? No matter what the situation is. During the virus out break? In wooster ohio
Bruce Martin Broyles
Bruce Martin Broyles answered on Apr 27, 2020

Yes.

The Governor requested that there be a moratorium on such filings. In other words, the Governor asked Landlords not to file evictions. The Ohio Supreme Court also tolled all filing deadlines during the emergency lock down. However, neither of these two actions prohibit evictions...
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2 Answers | Asked in Real Estate Law for Ohio on
Q: I live in ohio. I just signed a contract to purchase a home and want out due to failure to fully disclose information.

There is damage to the foundation, a limited disclosure was presented at the showing with realtors paperwork. However before signing the contract I was not able to view the engineers report which most certainly would have changed my mind. There was also no disclosure about simular damage in a... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Apr 18, 2020

You should contact your realtor and inform that you want to terminate the contract. only issue should be return of earnest money.

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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: Can a property owner revive a default judgment that a management company won and they were not listed as a plaintiff?

The issues are as follows:

1) property management company won a default judgment against in Jan 09,me while I was incarcerated (from July 2008-Oct 2014)

2)in 2015 the lawyers for the plaintiff revived the judgment

3) the plaintiff on the judgment claims they did not request... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Apr 18, 2020

More importantly, if you were incarcerated at the time the lawsuit was filed, Plaintiff probably did not properly obtain service upon you and the judgment would be void.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: HOW WOULD I FILE A MEMORANDUM TO THE OHIO SUPREME COURT CONCERNING MY APPEAL FROM THE 8TH DISTRICT COURT OF APPEALS?
Bruce Martin Broyles
Bruce Martin Broyles answered on Mar 19, 2020

The Ohio Supreme Court's website provides an example of the memorandum in support of jurisdiction. The Ohio Supreme Court reviews numerous cases and accepts jurisdiction over a very few. Your memorandum needs to explain to the Court why your appeal is of great importance to the general... Read more »

1 Answer | Asked in Car Accidents, Civil Litigation, Health Care Law and Collections for Ohio on
Q: long story short I was an accident when to the hospital. had bills that had to wait to get paid until I received

help please now im on hold with the hospital im trying to get receipts and a call log with the notes that were made on my account i don't know what else to do. why would they serve me AFTER i paid them?

ong story short I was an accident when to the hospital. had bills that had to wait... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Mar 13, 2020

You probably have more than 3 days to answer. you have 28 days from date you were served with summons to provide answer to hospital's attorney and then must file answer with Court within 3 days of responding to attorney.

The hospital most likely referred the matter to collection...
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1 Answer | Asked in Real Estate Law for Ohio on
Q: Can I do a Short Sale without being behind on my mortgage? I am running up debt trying to reach my monthly obligations.

I am using high interest credit cards to keep going. I have run out of funds.

Bruce Martin Broyles
Bruce Martin Broyles answered on Feb 27, 2020

Contact your lender. You will have to complete a loss mitigation application; provide the requested financial documents and list your house for sale with a real estate agent for 90 days.

The frustrating part is that the bank does not have to approve any short sale. The bank will reject...
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1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: I am a seller contract Lease to Purchase. Doesn't the buyers monthly payments go to the mortgage payment?

Buyer thinks that her monthly payments only go towards the principle balance. She stated that she should have credit towards all the payments she's made. All the payments she made go to the mortgage.The lawyers have seen the paperwork and the mortgage payments and that's whats on the... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Feb 14, 2020

Buyer has assumed that there is a default provision that the payments go towards the principle balance of the mortgage. Seller has indicated that the monthly payments go towards the mortgage payments. The language of the contract will determine the issue. The monthly payment being equal to the... Read more »

1 Answer | Asked in Contracts for Ohio on
Q: Can a friend sue you for labor costs for agreeing to install lighting in your home with no written contract?
Bruce Martin Broyles
Bruce Martin Broyles answered on Feb 7, 2020

Your friend seems to be treating the installation of lighting as an arm's length contract for services. It was your understanding that he was simply helping you as a friend, or providing you with his services gratuitously. If there was no discussion of the terms, then there was no meeting of... Read more »

2 Answers | Asked in Business Law and Contracts for Ohio on
Q: Ohio Contract for home remodel. Client paid retainer fee to company that contracted but client decided to change plans

Plans kept changing totaling more than what was agreed and client failed to extend more payment for additional updates and provide a written change of order. Contract outlines that without written notice contractor can cancel. Client agreed to contract terms prior to start and now wants to sue the... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Feb 7, 2020

The contractor being able to cancel without notice does not, by itself, mean that the contractor is not responsible to return the "retainer fee". The contract should provide under what circumstances the "retainer fee" can be kept, and under what circumstances the "retainer... Read more »

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